Chapter 2.40
CLAIMS FOR DAMAGES
Sections:
2.40.010 Agent to receive claims for damages.
2.40.010 Agent to receive claims for damages.
In accordance with RCW 4.96.020, the city council hereby adopts the following procedures for presenting claims for damages made under Chapter 4.96 RCW:
A. Recording Information with Auditor. The identity of the agent is Toni Yost and she may be reached between the hours of eight a.m. and five p.m., except holidays, at 1002 Dudley Avenue, Prosser, Washington, 99350. A certified copy of the ordinance codified in this section shall be recorded with the Benton County auditor.
B. Procedure for Presenting Claims. A claim is deemed presented when the claim form is delivered in person or is received by the agent by regular mail, registered mail, or certified mail, with the return receipt requested, to the agent or other person designated to accept delivery at the agent’s office.
C. Content of Claim. All claims for damages arising out of tortious conduct must contain the information required by RCW 4.96.020 as it now exists, or as it is hereafter amended. The city shall make generally available the standard tort claim form described in RCW 4.96.020 along with instructions on how the form is to be presented. The city shall provide on the standard form the name, address, and business hours of the agent of the city. All claims for damages must be presented on the standard tort claim form.
D. Signature. The standard tort claim form must be signed either:
1. By the claimant, verifying the claim;
2. Pursuant to a written power of attorney, by the attorney in fact for the claimant;
3. By an attorney admitted to practice in Washington State on the claimant’s behalf; or
4. By a court-approved guardian or guardian-ad-litem on behalf of the claimant.
E. Notice Period. No action shall be commenced against the city for damages arising out of tortious conduct until sixty days have elapsed after the claim has first been presented and filed in accordance with Chapter 4.96 RCW and this section. (Ord. 3151 § 1, 2021; Ord. 2668 § 1, 2009; Ord. 2511 § 22, 2005; Ord. 2459 § 3, 2004. Formerly 2.24.090).